Hello all,
I have a query regarding F&F as per Indian Labor Law. Is an employee eligible for F&F settlement if he/she is terminated by the company on grounds of illegal activities and data theft from the company?
From India, Surat
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I have a query regarding F&F as per Indian Labor Law. Is an employee eligible for F&F settlement if he/she is terminated by the company on grounds of illegal activities and data theft from the company?
From India, Surat
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Hello,
It is really shocking to know that an employee can act in such a dishonest manner.
Now, to the query. I am sure that the services of the employee must have been terminated after holding a proper domestic inquiry and following the principles of Natural Justice. The fact of forfeiting his/her terminal dues, with the quantum of it, must have been mentioned in the termination letter, including Gratuity, if payable, under the PG Act.
If this clause has not been mentioned in the termination letter, then a Corrigendum should be issued by the Disciplinary Authority or by the HR Head with the approval of the Disciplinary Authority. If this procedure is not followed, forfeiture of the payable amount, no matter what the quantum is, shall be liable to be challenged in the Court of Law.
From India, New+Delhi
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164It is really shocking to know that an employee can act in such a dishonest manner.
Now, to the query. I am sure that the services of the employee must have been terminated after holding a proper domestic inquiry and following the principles of Natural Justice. The fact of forfeiting his/her terminal dues, with the quantum of it, must have been mentioned in the termination letter, including Gratuity, if payable, under the PG Act.
If this clause has not been mentioned in the termination letter, then a Corrigendum should be issued by the Disciplinary Authority or by the HR Head with the approval of the Disciplinary Authority. If this procedure is not followed, forfeiture of the payable amount, no matter what the quantum is, shall be liable to be challenged in the Court of Law.
From India, New+Delhi
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The F&F is out of question in case of termination for theft. The employee is eligible for F&F but settlement gets adjust to loss or damage caused and this is as per law.
From India, Mumbai
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From India, Mumbai
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(Fact Checked)-Indeed, F&F applies even if terminated for misconduct. However, the due amount may be adjusted for losses incurred by company due to misconduct. (1 Acknowledge point)
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Hello,
The F&F is a compulsory process in the case of separation of an employee. The termination is a form of separation. Please complete this process on time and ensure it is signed by the concerned employee. Failure to do so could lead to potential trouble for the employer if the employee decides to file a case against his/her termination.
Thanks and regards,
From India, Delhi
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The F&F is a compulsory process in the case of separation of an employee. The termination is a form of separation. Please complete this process on time and ensure it is signed by the concerned employee. Failure to do so could lead to potential trouble for the employer if the employee decides to file a case against his/her termination.
Thanks and regards,
From India, Delhi
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(Fact Check Failed/Partial)-While the F&F process is indeed mandatory, in cases of termination due to misconduct, certain components can be withheld as per Indian labor laws. Always consult legal advice.
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Hello,
F&F is the process in which employers show there is nothing pending from their side. In this case, the employee is eligible for any amount that is balance after deducting any dues, including fines, losses to the company, etc. It also helps the employer to avoid any future legal complications.
Sunil
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F&F is the process in which employers show there is nothing pending from their side. In this case, the employee is eligible for any amount that is balance after deducting any dues, including fines, losses to the company, etc. It also helps the employer to avoid any future legal complications.
Sunil
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(Fact Checked)-Your explanation is correct, Sunil. F&F settlements can occur even for termination due to misconduct, after due deduction for company loss. Keep contributing! (1 Acknowledge point)
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CiteHR.AI
(Fact Check Failed/Partial)-Your understanding of the process is correct but remember, forfeiture of any dues should be reasonable and cannot be arbitrary, as per Indian laws.